§ 26-3. Mooring or docking of live-aboard vessels in manmade canals and basins prohibited.

(a)

Definitions. Definitions shall apply as provided in this article or as referenced from other chapters as appropriate.

(b)

Prohibition on live-aboard vessels in residential areas; exception.

(1)

No person may anchor, moor or dock, or permit or cause to be anchored, moored or docked, any live-aboard vessel:

a.

In a manmade canal, manmade basin, or manmade cove that is adjacent to any residential area; or

b.

Within 100 feet of a manmade canal mouth, manmade basin, manmade cove, or a manmade or natural shoreline whose adjacent or upland property is a residential area.

(2)

Any vessel with a person aboard that is anchored, moored or docked in the same location for 72 hours is presumed to be a live-aboard vessel.

(3)

This prohibition does not apply to a marina in lawful operation on the effective date of the ordinance from which this section is derived.

(c)

Penalties. The county code enforcement officer is charged with enforcement responsibility for this section.

(1)

Any person cited for a violation of this section shall be deemed charged with a noncriminal infraction, and notified to appear before the county court. Citations shall be issued pursuant to F.S. § 327.74, (uniform boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such infraction is $50.00, except as otherwise provided in this section.

(2)

Any person cited for an infraction under this section may:

a.

Post a bond that shall be equal in amount to the applicable civil penalty; or

b.

Sign and accept a citation indicating a promise to appear.

(3)

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(4)

Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree.

(5)

Any person charged with a noncriminal infraction under this section may:

a.

Pay the civil penalty, either by mail or in person within ten days of the date of receiving the citation; or

b.

If he has posted bond, forfeit bond by not appearing at the designated time and location.

If the person cited follows either of the procedures in subsection (c)(4) of this section, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings.

(6)

Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (c)(1) of this section. The county court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county court may impose a civil penalty not to exceed $500.00.

(7)

At a hearing under this chapter, the commission of a charged infraction must be proved beyond a reasonable doubt.

(8)

If a person is found by the county court to have committed an infraction, he may appeal that finding to the circuit court.

(d)

Affected area. This section is effective only in the unincorporated areas of the county.

(e)

Provisions to be cumulative. This section is cumulative to any other substantive laws or ordinances that regulate live-aboard vessels and is cumulative to any enforcement procedure that those laws or ordinances may provide. This section does not supersede or repeal or otherwise modify those laws, ordinances or enforcement procedures in any way.

(Code 1979, § 5.5-16; Ord. No. 3-1995, §§ 1—3, 6, 7; Ord. No. 031-2002, § 2; Ord. No. 020-2003, § 3)